- 1 - HC-KAR NC: 2025:KHC:46743 MFA No. 169 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.169 OF 2016 (MV-I) BETWEEN: SRI. RAMESH BABU D, S/O DORAI SWAMY, AGED ABOUT 46 YEARS, # 9/A, NANJUNDAPPA BUILDING, RAILWAY COLONY, LOTTEGOLLAHALLI, MUNESWARA TEMPLE, R.M.V. EXTENSION 2ND STAGE, BANGALORE - 560 094. …APPELLANT (BY SRI. M.S. BYRA REDDY, ADVOCATE FOR SRI. S. ESWARA REDDY, ADVOCATE) AND: THE MANAGING DIRECTOR, B.M.T.C, CENTAL OFFICER, DOUBLE ROAD, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. …RESPONDENT (BY SRI. F.S. DABALI., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.08.2015 PASSED IN MVC NO.915/2014 ON THE FILE OF THE MEMBER, MACT XX ADDITIONAL SMALL CAUSE JUDGE, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46743 MFA No. 169 of 2016 FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is by the claimant/appellant seeking enhancement of compensation arising out of the judgment and award dated 19.08.2015 in MVC No.915/2014 passed by the Member, MACT and XX Additional Small Causes Judge, Bangalore, (SCCH-22) (hereinafter referred to as ‘the Tribunal’ for short). 2. The date of accident, involvement of the vehicle, injuries suffered by the claimant, as well as the liability to pay compensation are not in dispute. The only dispute is with regard to the quantum of compensation. 3. Heard Sri S. Eshwara Reddy, learned counsel for the appellant and Sri F.S. Dabali, learned counsel for - 3 - HC-KAR NC: 2025:KHC:46743 MFA No. 169 of 2016 the respondent-Corporation, perused the appeal papers and the Trial Court record. 4. Sri Eshwar Reddy, taking this Court through the judgment and award passed by the Tribunal, submitted that the appellant sustained grievous injury to the right foot, as such, the compensation awarded by the Tribunal, when compared to the injuries suffered is meagre, requires enhancement. 5. Refuting the submissions, Sri F.S. Dabali, submits that the Tribunal, after considering the entire record, as well as the pay slips produced by the appellant, awarded appropriate compensation. He further submits that the doctor was examined only with regard to documents, that is to say, the admission card and other authorization papers, he has not stated anything regarding the disability suffered. In these circumstances, the compensation awarded by the Tribunal is just and proper and requires no interference. - 4 - HC-KAR NC: 2025:KHC:46743 MFA No. 169 of 2016 6. Having considered the arguments of both counsel appearing for parties, this Court considering the injury suffered i.e., the degloving injury on the right foot, which is visible in Ex.P.11-photographs, there is some loss of muscle and a permanent scar on the right foot below the ankle and the claimants was an inpatient period of 25 days, a global compensation of Rs.30,000/- with interest, would meet the ends of justice, instead of deliberating on all the heads of global compensation. 7. For the foregoing reasons, I proceed to pass the following: ORDER i. The appeal is allowed in-part. ii. The judgment and award dated 19.08.2015 in MVC No.915/2014 passed by the Member, MACT and XX Additional Small Causes Judge, Bangalore, (SCCH-22) is modified, enhancing the compensation by awarding a global - 5 - HC-KAR NC: 2025:KHC:46743 MFA No. 169 of 2016 compensation of Rs.30,000/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization. iii. The respondent-Corporation shall deposit the entire enhanced compensation with accrued interest supra within six weeks from the date of receipt of copy of the order. On deposit, entire amount shall be released in favour of the claimant on proper identification. Sd/- (T.M.NADAF) JUDGE TMP List No.: 1 Sl No.: 3